Between vs H.D.F.C Bank Ltd. A Company
2021 Latest Caselaw 4391 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
                       ON THE 7th DAY OF SEPTEMBER, 2021
                                BEFORE




                                                             .
            HON'BLE MR. JUSTICE SURESHWAR THAKUR





                 CRIMINAL REVISION No. 329 of 2019.





    Between:-
    JAWAHAR LAL SON OF SHRI AMAR
    SINGH, RESIDENT OF VILLAGE UDANAL,




    P.O. BAGASHAD, TEHSIL KARSOG, DISTRICT
    MANDI, H.P.
                                               ..... PETITIONER.


       (BY Mr. LAL SINGH MEHTA,
       ADVOCATE)



           AND




    1. H.D.F.C    BANK       LTD.      A        COMPANY
       INCORPORATED UNDER THE PROVISIONS OF





       THE COMPANIES ACT, 1956 AND HAVING ITS





       REGISTERED OFFICE AT HDFC BANK HOUSE,
       SENAPAT BAPAT MARG, LOWER PAREL (WEST)
       MUMBAI-400013 AND HAVING ITS CIRCLE
       OFFICE     AT   PAKHWAL      ROAD,     LUDHIANA,
       PUNJAB AND HAVING LOCAL OFFICE AT HDFC
       BANK LTD. JANKIDAS BUILDING, THE MALL,




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       SHIMLA,      H.P.    THROUGH           ITS        DULY




                                                              .

       AUTHORISED SIGNATORY LAXMAN SINGH.
                                                    .....RESPONDENT.





    BY MR.SANJAY SHARMA, ADVOCATE)



               These Criminal Revision coming on for order this

                    r         to
    day, the Court passed the following:-

                           JUDGMENT

Since, along with Cr.MP No.1623 of 2021, the

accused/petitioner appended Annexure A-1, annexure whereof,

is a no due certificate issued by the respondent bank,

wherethrough, the respondent bank has discharged all the

liabilities of the petitioner/accused as arise from the dishonour

of the negotiable instrument. Moreover, the learned counsel

appearing for the respondent bank, does not, contest the validity

of Annexure A-1 appended with Cr.MP No.1623 of 2021.

Therefore, this Court is constrained to compound the offence as

arisen from the dishonour of negotiable instrument.

Accordingly, the offence arising from the dishonour of

...3...

negotiable instrument is ordered to be compounded. In

.

sequel, the revision petition is accepted. The judgments

impugned before this Court are quashed and set aside. The

accused/petitioner is acquitted of the charge framed against

him. However, the aforesaid order shall take effect only on

the petitioner/accused depositing within a week from today

15% of the cheque amount before the State Legal Services

Authority.

2. Furthermore, the learned counsel appearing for the

respondent bank does not oppose the prayer made before

this Court by the petitioner/accused, that the sums as

deposited by him before the establishment of the learned trial

Court, be released, vis-a-vis, him. Consequently, the learned

trial Court is directed to forthwith release, vis-a-vis, the

accused/petitioner, the sums of money as deposited before

it/him. All pending applications also stand disposed of.

Dasti copy.

(Sureshwar Thakur) Judge 7th September, 2021.

(jai)